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(영문) 수원지방법원 2017.03.29 2016고단6452
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 14:30 on September 19, 2016, driven C motor vehicles at approximately 2 km from the front of the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City, on the front of the Defendant’s house located in Suwon-si, Suwon-si, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

No person of "2016 Height 8046" shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, at around 13:15 on November 14, 2016, the Defendant driven a motor vehicle owned by the Defendant, which was not covered by mandatory insurance without a motor vehicle driver’s license, from around 2 km section from the front of the Defendant’s house located in Suwon-si, Suwon-si, to around 82 32 km-ro, Young-gu, Young-gu.

Summary of Evidence

[2016 Highest 6452]

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The register of chassiss, and the driver's licenses of motor vehicles (2016 altitudes 8046);

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Inquiry into mandatory insurance, the ledger of driver's licenses, making inquiries into the motor vehicle, and the application of statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant repeats the same kind of crime in a short period, and does not appear to be the form of edification and improvement, such as continuing to drive without a license even during the period of criminal punishment. The favorable circumstances include circumstances under which the defendant is under which it is difficult to use public transportation due to delay (vertebrate) 5, and the defendant is responsible for the livelihood of one parent as a defined supporter.

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